HomeMy WebLinkAbout2005-03-01; City Council; 18005; Adult Entertainment OrdinanceAB# 18,005
MTG. 311 105
DEPT. CA
- TITLE: ADULT ENTERTAINMENT ORDINANCE
>
IO CIN OF CARLSBAD - AGENDA BILL
DEPT. HD.
RECOMMENDED ACTION:
Adopt Resolution No. 2005-057
of Fox & Sohagi to assist in drafting a revised and updated adult entertainment ordinance.
authorizing the City Attorney to hire the law firm
ITEM EXPLANATION:
The City’s adult entertainment ordinance was enacted in 1979 and needs to be updated to
reflect the numerous and significant changes in First Amendment jurisprudence that have
impacted. Adult entertainment is considered an expressive activity that must be allowed by
local governments. However, it can be regulated consistent with the principles enunciated
by the U.S. Supreme Court and other federal and state courts. The City has received a
number of inquiries regarding the application of its existing adult entertainment ordinance.
When and if these inquiries become applications, the City has an obligation to respond to
them.
The law firm of Fox & Sohagi specializes in assisting local governments in meeting their First
Amendment obligations and is well respected in providing services to local governments
throughout the state of California. The law firm of Fox & Sohagi will assist the City Attorney
in revising, updating and drafting the amendments to the adult entertainment ordinance.
FISCAL IMPACT:
The amendments to the ordinance will take place in two phases. The first phase will update
and modernize the City’s operating regulations. The second phase will revise and update
the zoning ordinance. This will require hearings before the Planning Commission and before
the City Council. This will involve an amount of staff time and the costs of hiring the law firm
of Fox & Sohagi which amount is not to exceed $50,000. This amount is unbudgeted and
must be budgeted from the Council’s contingency fund. There are sufficient funds in the
Council’s contingency fund to make this appropriation.
ENVIRONMENTAL REVIEW:
The environmental impacts, if any, will be considered when processing the ordinance. There
are no environmental impacts from this action.
EXHIBITS:
1. Resolution No. 2005-057
Department Contact: Ronald R. Ball, 434-2891
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RESOLUTION NO. 2005-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
ATTORNEY TO HIRE THE LAW FIRM OF FOX & SOHAGI
TO ASSIST IN REVISING, UPDATING AND DRAFTING
THE ADULT ENTERTAINMENT ORDINANCE.
WHEREAS, the City's existing adult entertainment ordinance was drafted
in 1979; and
WHEREAS, there have been a number of changes and opinions by both
federal and state courts; and
WHEREAS, the City needs to respond to potential applications; and
WHEREAS, the law firm of Fox & Sohagi possesses the necessary
experience and qualifications to assist the City Attorney in this endeavor,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Attorney is authorized to hire the law firm of Fox &
Sohagi to assist him in drafting, revising and updating the adult entertainment
ordinance as appropriate.
3. That the Finance Director is authorized to appropriate $50,000 from
the Council contingency fund to the Community Development Professional Services
account for this contract.
Ill
Ill
Ill
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 1st day of
MARCH
AYES: Council Members Lewis, Packard, Sigafoose
NOES: Council Member Kulchin
, 2005 by the following vote, to wit:
ABSENT: Council Member H
ATTEST:
(SEAL)
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